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HomeMy WebLinkAboutMinutes - City Council - 11/20/2017 CITY COUNCIL 20 NOVEMBER 2017 The South Burlington City Council held a regular meeting on Monday, 20 November 2017, at 6:30 p.m, in the Conference Room, City Hall, 575 Dorset Street. Members Present: M. Emery, Acting Chair; P. Nowak, T. Barritt, T. Chittenden Also Present: T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; I. Blanchard, Project Manager; P. Conner, Director of Planning & Zoning; M. Leugers, Recreation Director; C. Forde, Regional Planning Commission; J. Weith, M. Sousa, B. Sirvis, J. Leas, B. Nowak, M. Dickinson 1. Instructions on exiting building in case of emergency: Mr. Hubbard provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and Questions from the public not related to the agenda: No issues were raised. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Hubbard: Noted that the City Manager is on vacation. Thanked volunteers who have been assisting with the moving of the Community Library. The new furniture and the doors are in, and an opening date has been set for 7 December. The FY19 draft budget is being finalized and will be given to the Council in early December. The salt trucks went out for the first time this season. Nick Warner of the Winooski Valley Park District will be at one of the December Council meetings. 5. Consent Agenda: a. Approve and Sign Disbursement b. Approve Minutes for 25 October Mr. Chittenden moved to approve the Consent Agenda as presented. Ms. Nowak seconded. Motion passed 4-0. 6. Councilors’ Reports from Committee Assignments: Mr. Chittenden: The CCTA Board will meet tomorrow. Ms. Nowak: At the 15 November Airport Commission meeting, the promotion of Nick Longo to Assistant Airport Director was announced. Ms. Nowak noted that she addressed the Council’s dissatisfaction at having received no response to the MOU. She was told there was a “conflict with the FAA” on it. She also mentioned letters from the Superintendent of Schools to the Airport regarding noise mitigation. She was told there would be no mitigation until there is closure on the “last homes.” Ms. Nowak stressed that these are the last homes and was told that it is the case. Purchasing for demolition ends there. Ms. Nowak said she was asked if the city had considered changing the zoning of the properties purchased by the Airport. She told them “not directly,” and that zoning would not be changed just for the sake of changing zoning. Ms. Nowak also noted receipt of an offer from Allan Newman, a business person on the Airport Commission to help South Burlington “turn a negative into a positive” and possibly recoup some revenues. The Commission will hear more at its next meeting about the proposed hotel. The Air Force will be invited to a future meeting to talk about changes at their end of the field. 7. Presentation by Mark Sousa, Green Mountain Transit: Mr. Sousa directed attention to written information regarding structure, history, etc. He noted they are now in 5 counties from St. Albans to Northfield. They have 225 employees. Mr. Sousa then outlined some of the things they are doing including: a. Becoming more involved in the communities they serve b. Doing outreach with non-profits for projects and events in 3 counties (this included a project to serve homeless veterans in Chittenden Country) c. Building a good relationship with the teamsters (they recently donated $500 worth of warm clothing for people in St. Albans) d. Staff members can volunteer an 8-hour day every quarter to a non-profit of their choice e. “town hall” staff Mr. Sousa then directed attention to pie charts indicating where money comes from, including grants and local contributions. Ms. Emery asked for information on South Burlington’s annual ridership. Mr. Sousa said he would sent that along. There is now a consultant looking at the ADA program to be sure it is being done well. Mr. Sousa noted that in Essex, the Parks & Recreation Department transports seniors to events, etc., which takes people off the ADA roles and reduces costs. Ms. Nowak noted that some handicapped people can use specially equipped regular buses. She also noted that at one time South Burlington had more ADA services/costs than the City of Burlington. Mr. Sousa said they are unveiling a “bus buddy” service with “ambassadors” to show people how they can use regular buses without fear. This will be available to South Burlington residents. Ms. Nowak asked if there are any new member communities coming in. Mr. Sousa said they have had preliminary talks with Jericho. Ms. Nowak asked if any communities are getting service without paying. Mr. Sousa said non-members such as Williston and Colchester pay a 20% local match. Ms. Emery noted the loss of direct service to Burlington (#12 bus) for morning commuters. Mr. Sousa said that concern has been passed along, and there will be some recommendations in February. He explained how people can use the “suggestion” area of the Next Gen Website. Ms. Nowak expressed concern for people with medical issues to have to wait at the Mall to change buses to get to Tilley Drive medical facilities. She hoped that a direct service will be considered. 8. Williston Road Network Study and Streetscape Grant Presentation: Mr. Conner reviewed the history and noted that the project arose in an attempt to “prethink” how to address transportation in City Center in a proactive, cost effective way. A preliminary analysis was done in 2015, then Phase 2 this year. The aim is to strike a balance between “to” transportation and “through” transportation. Mr. Conner showed pictures of Williston Rd. today with no bike lanes, no snow storage, no turn lanes, uneven lane use (2 lanes backed up and 2 unused), etc. He then showed concepts of the “Williston Road of Tomorrow” utilizing both short and long‐term recommendations from the study: Short term recommendations: a. Establish a 100-foot right-of-way (currently 66-90 feet) b. Update the official map to define a grid street network c. Traffic signal timing and coordination via Advanced Traffic Management System d. South side improvements including a cycle track e. Improvements to the Dorset St. intersection (reducing left turn lanes from 2 to 1 and creating 2 straight-ahead lanes. This item was suspended for a time-scheduled public hearing: 9. Public Hearing to Amend the South Burlington Land Development Regulations: Mr. Conner said the amendment would allow radio/TV studios as a permitted use in the I-O District. Mr. Chittenden moved to open the public hearing. Mr. Barritt seconded. Motion passed 4-0. Mr. Conner said the Planning Commission felt that uses that were already allowed were complementary to radio-TV studios. Any structures (satellite dish, transmission tower, etc.) would have to be behind the building. The amendment was unanimously endorsed by the Planning Commission. Mr. Barritt asked about the view shed. Mr. Conner said this use would be treated no differently from any other building. Public comment was then solicited. Mr. Weith said he represents a client who would like to develop a new radio station in this location. They understand that they must comply with all regulations. It is primarily an office use. As there was no further public comment, Mr. Barritt moved to close the public hearing. Mr. Chittenden seconded. Motion passed 4-0. 10. Council review, discussion and possible adoption of amendment to the South Burlington Land Development Regulations: Mr. Barritt moved to approve the amendment to the Land Development Regulations as presented. Ms. Nowak seconded. Motion passed 4-0. Item #8 continued: Mr. Conner then showed a plan for Williston Road with the short-term improvements in place. It would allow businesses to be accessed from a turn lane and could allow for the closing of some curb cuts. Mr. Conner noted the number of hotel rooms whose patrons could be accessing local businesses, and those businesses are very supportive of the plans. Patrons could walk to dinner and other activities. Long Term Recommendations: a. On the north side, refine street cross-section over time. Options include possible light rail. b. Add a second lane to the I-89 northbound on-ramp to accommodate 2 westbound approaching lanes. Mr. Conner cited the historic transportation challenge in this area with the busiest intersection in the state. Ms. Emery asked about undergrounding utilities. Ms. Blanchard said that is not a priority at this time. There will be a lot of digging, so the opportunity is there. Undergrounding is recommended for Garden Street. Mr. Conner noted there are on-going costs for undergrounding utilities. Ms. Blanchard explained the funding mechanism, including receipt of an $800,000 grant for the south side of Williston Road improvements. There is a 20% city match required, and the loan would have to be repaid if the city doesn’t go forward with construction. Mr. Chittenden moved to authorize the City Manager/Deputy City Manager to sign Agreement #CA0517 with the State of Vermont for grand funding and construction of a streetscape for the south side of Williston Road. Mr. Barritt seconded. Motion passed 4-0. 11.Council consideration of a request by a neighbor to close the J. C. Park Dog Park due to noise from barking: Mr. Hubbard reviewed the history and noted requests from park users to keep the park open. Mr. Barritt said he went to the park and heard a lot of barking at some times and not so much at others. Ms. Nowak said she visited the park as well and heard the barking. She said she would not want to listen to that incessantly. Mr. Chittenden asked about the status of a dog park at Veterans’ Memorial Park. Ms. Leugers said the city’s recreation brochure lists Jaycee and Farrell Park and indicates the city is looking for other sites as well. Ms. Leugers noted that local residents are happy to have the dog park in their neighborhood. Mr. Hubbard noted they had looked at other properties that the city owns, but because of purchase agreements they could not be used for this purpose. He added that Jaycee Park dog park is 3-5 times more popular than the former dog park near the Airport. The city never envisioned this much use. Ms. Emery felt that if a neighbor is being harmed, the park should be moved. Ms. Nowak felt there would have been more complaints if people were still living in Picard Circle when the dog park was at the Airport. Ms. Nowak asked if there is room at Veterans’ Park. Mr. Hubbard said staff would like to have an exploratory committee to see if there is an appropriate place at Wheeler and then come back with a recommendation. Ms. Sirvis asked if there is another area of Jaycee Park that could be used and not affect homeowners. The only other suggested area is also near residences. Mr. Barritt said a mistake was made and has to be corrected. He suggested a “trial location” before anything permanent is done. Mr. Dickinson, the homeowner affected by noise from the park, said that people have thrown signs over the fence and told him, “the city put this here and we can do what we want. This has been going on for 9 weeks and is unbearable.” Ms. Nowak moved to close the Jaycee Park Dog Park while the city investigates moving it to another location. Mr. Barritt added a “friendly amendment” to place a sign apologizing to dog owners and indicating that the city is looking for a better location for the dog park. He then seconded the motion. Mr. Chittenden said he would vote against the motion because he felt there should be a new location before this dog park is closed. The motion was then passed 3-1. 12. Ordinance Codification Project: First Reading Council review and potentially schedule a public hearing for a second reading for possible amendment and repeal of the following Ordinances: a. Ordinance for the Control of Air Pollution (dated 6/16/69) b. Ordinance to Control the Sanitary Landfill in South Burlington (dated 11/19/90) c. Ordinance to Prohibit Disposition of Ice & Snow in the Public Streets (dated 4/5/71) d. Ordinance re: Solid Waste Dumping/Littering (dated 9/5/67) Mr. Bolduc briefly reviewed the ordinances and suggested a second reading of 18 December. Mr. Barritt moved that the Council repeal the: a. Ordinance for the Control of Air Pollution b. Ordinance to Control the Sanitary Landfill in South Burlington c. Ordinance to Prohibit the Disposition of Ice and Snow in the Public Streets d. Ordinance regarding Solid Waste Dumping/Littering dated 9/7/67 And cause a short and concise one-paragraph description of the effects to be published in the Other Paper together with notice of a second reading and public hearing to consider the same for final passage at 7:00 p.m. at the se4cond regular city council meeting in December, currently scheduled for 18 December 2017. Ms. Nowak seconded. Motion passed 4-0. 13. Council review and discussion of response from City of Burlington rejecting a proposed MOU approved by the South Burlington City Council seeking to terminate the practice of demolishing homes in the greater Chamberlin School neighborhood and, deferring to decisions by the South Burlington City Council on provision within the proposed update of the BIA Noise Compatibility Plan that affect South Burlington only: Mr. Hubbard reviewed the letter from the City of Burlington, including a rezoning request for land acquired by BIA. Ms. Emery said she was disappointed by the response and felt the MOU had enough room for the FAA rules to have jurisdiction. Ms. Nowak felt the MOU was something the whole Council could get its arms around. She wanted to know what the specific disagreement issue was with the FAA. She didn’t feel this was clearly addressed in the letter from the City of Burlington. Ms. Emery said she thought it was a statement for both communities to be mindful of the citizens of the community. Mr. Chittenden asked if the City of Burlington had requested rezoning. Mr. Hubbard said there has been no formal request. Mr. Barritt said he thought Burlington was “leaving the door open” because they don’t know what the NCP will say. He felt the only way to prevent more demolition is to go to court and get and injunction. Mr. Chittenden asked if a housing demolition “tax” is being pursued. Mr. Bolduc said the Affordable Housing Committee is working on an ordinance regarding demolition of homes. It will eventually come to the City Council. They are trying to make it as airtight as possible. Ms. Emery noted that Ms. Riehle had met with Burlington’s Mayor. Mr. Hubbard said he didn’t know what that discussion was. There may be some common ground. No alternative was proposed by Burlington. Ms. Emery suggested a pubic survey that can speak for the city. Mr. Chittenden was concerned with confidence/validation of a survey and with anonymous responses. Members reviewed some potential survey questions. Ms. Nowak cited the need to encourage the public to attend the 5 December meeting (5-7 p.m.) because the FAA wants to hear from the public. She suggested having the survey available at that meeting. Ms. Nowak suggested requiring respondents to indicate their street to be sure responses are coming from the areas most affected. Mr. Leas said the zoning request explains why the land was cleared in the first place. They got the land free. He felt that instead of rezoning, South Burlington should impose fees if the 39 homes are demolished. Ms. Nowak noted that is already part of the program. Mr. Leas felt South Burlington should impose any taxes it can on Burlington. 14. Preliminary discussion on the pre-annual meeting information session and candidate forum format: Mr. Hubbard said staff would like the Council to think about this. Mr. Chittenden said he didn’t think it was that important as people have already made up their minds by then. Mr. Barritt suggested possibly just a 3- minute statement by each candidate. 15. Other Business: a. Items Held from Consent Agenda b. Other There was no other business discussed. As there was no further business to come before the Council, Ms. Nowak moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 10:10 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 11/21/17 Date Check No. Paid To Memo Amount Paid 11/21/2017 3292 Aldrich & Elliott, PC 469.52 Date Voucher Number Reference Voucher Total Amount Paid 10/4/2017 VI-14413 77230 469.52 469.52 11/21/2017 3293 E.J. Prescott, Inc. 84.68 Date Voucher Number Reference Voucher Total Amount Paid 11/6/2017 VI-14414 5321316 84.68 84.68 11/21/2017 3294 Ferguson Waterworks #590 148.56 Date Voucher Number Reference Voucher Total Amount Paid 10/31/2017 VI-14416 0789137 148.56 148.56 11/21/2017 3295 Graybar Electric Company 59.90 Date Voucher Number Reference Voucher Total Amount Paid 10/27/2017 VI-14417 9300758293 59.90 59.90 11/21/2017 3296 Reprographics 98.00 Date Voucher Number Reference Voucher Total Amount Paid 9/28/2017 VI-14415 101189 98.00 98.00 Total Amount Paid: 860.66 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: November 16, 2017 Page 1 of 1 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Justin Rabidoux, Director of Public Works Ilona Blanchard, Project Director SUBJECT: Williston Road Network Study and Streetscape Grant DATE: November 20, 2017 City Council meeting We are pleased to provide an update and summary to the Council of the recently-completed Williston Road Network Phase II Study. This project was initiated in 2014 through a request from the City to Regional Planning Commission, with the intent of determining both shorter and long-term solutions to how to best accommodate future needs as City Center builds out. Key goals of this project were to support a successful buildout of City Center, to reinforce the City’s priorities to promote a pedestrian-oriented development, and to assure that we have anticipated and accommodated long-term needs as incremental development takes place. The project was completed by the firm VHB in close collaboration with the Project Team and following considerable input from property owners and the Planning Commission. This second phase of the project placed a heavy emphasis on meetings with affected property owners. The consultant and staff project team met with property owners in small groups, as a larger group, and in some cases individually to develop and refine the concepts throughout the process. At Monday’s Council meeting staff will provide a summary presentation for Council. Williston Road Streetscape Grant Last July, the City Council approved submitting an application to VTrans for a Federal aid grant for a buffered bicycle and pedestrian facilities on the south side of Williston Road. This application implements on of the Study recommendations: to complete a streetscape on the south side of Williston Road that continues the adjacent streetscape currently in engineering – for the Williston Road street segment between Hinesburg Road and Midas Drive – and to extend these facilities west to Dorset Street. This streetscape is designed to improve mobility and transit access along Williston Road for today’s and tomorrow’s users. It is also an approved project in the City Center TIF District Financing Plan, eligible for TIF District financing for 50% of the cost. This project will enhance the appearance of and increases transportation options in City Center. This fall, VTrans notified the City that South Burlington application had been successful, and South Burlington was being awarded an $800,000 grant. This is one of the largest grants the City has received 2 for pedestrian and bicycle mobility and almost 1/3 of what was available to be granted under this program this year for pedestrian and bicycle improvements. The grant will cover the majority of the design costs and some of the construction costs. It is estimated that the project will be fully constructed in 3-4 years. The City will not be ready to begin construction for at least two years. The City may also seek grant funding in future years if needed. The City will be required to sign an agreement with the state, Agreement #CA0517. The agreement has the following stipulations: • It is a 20% matching grant, and the required match from the City is $200,000 or 20% of $1,000,000, with the Federal aid grant of $800,000 making up the other portion of the $1,000,000. • The City will manage all the design and construction of the project. • The project will comply with all City, State and Federal requirements. • The City will have a repayment obligation if the project is not constructed. Recommendation: Consider authorizing the City Manager / Deputy City Manager to sign Agreement #CA0517 with the State of Vermont for grant funding for the design and construction of a streetscape on the south side of Williston Road. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Public Hearing and Possible Action on draft amendment to the Land Development Regulations DATE: November 20, 2017 City Council meeting Last month the Council warned a public hearing on a proposed amendment to the Land Development Regulations for Monday evening. The amendment consists of allowing Radio & TV Studios to be located in the Industrial / Open Space zoning district (located adjacent to Hinesburg Road from Tilley Drive to Meadowland Business Park). The Planning Commission reviewed the amendment, held a public hearing and subsequently voted to approve and submit the draft amendment to the Land Development Regulations and its accompanying report to City Council. As with previous amendments, we would be happy to provide a full summary and presentation of the proposed amendment, and answer any questions that Councilors or the public may have. Included with the amendment is a report prepared by the Planning Commission. The Report includes a brief summary of the proposed amendment as well as an assessment of the relationship of the amendments to the City’s Comprehensive Plan pursuant to state law. Procedures & actions: The Council is invited to open a public hearing at the scheduled time, 7:45 pm, on the proposed amendment. We are happy to give an overview of the amendment during the hearing. Once the Council has heard input from the public, it is invited to close the public hearing (or to continue it to a future date if needed). Following closure of the public hearing, the Council may take action to approve the amendment as presented or may elect to undertake further review. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com PROPOSED AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS Public Hearing Monday, November 20, 2017 at 7:45 pm PLEASE TAKE NOTICE that the South Burlington City Council will hold a public hearing on Monday, November 20 at 7:45 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to consider amendments to the South Burlington Land Development Regulations. The amendments affect the Industrial-Open Space zoning district. The purpose of the hearing is to consider the following: (A) Allow for Radio & Television Studio as a permitted use in the Industrial – Open Space Zoning District.; Sections included in the amendments to the Land Development Regulations: Appendix C: Uses and Dimensional Standards Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday except holidays, and on the city website at www.sburl.com/planning. Helen Riehle, City Council Chair October 20, 2017 Draft Amendments to Land Development Regulations City of South Burlington 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com AMENDMENT to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS SOUTH BURLINGTON CITY COUNCIL, NOVEMBER 20, 2017 Index to amendments: Numbered Headings – descriptors of amendment topics Proposed additions red and underlined Proposed deletions red and strikethrough 1. Add Radio and Television Studio as a Permitted Use in the Industrial & Open Space District Adopted this ___ day of _______, 2017 ________________________ City Clerk ___________________________ Helen Riehle, Chair ___________________________ Meaghan Emery, Vice Chair ___________________________ Tim Barritt, Clerk ___________________________ Thomas Chittenden, Councilor ___________________________ Pat Nowak, Councilor City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND Radio & television studio P P P C P P P P Key and Notes to the Table above: P = Permitted C = Conditional Use Non-TO = Allowable only outside of the Transit Overlay District AirportCommercial 1 Other Commercial Heavy Commercial- Industrial See Article 8PUD = Allowable within a Planned Unit Development ACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay District 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Approved October 10, 2017 In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission held a public hearing on Tuesday, October 10, 2017, at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. Add Radio and Television Studio as a Permitted Use in the Industrial & Open Space District Following the hearing the Planning Commission approved the amendments and this report for submittal to the City Council. Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. Add Radio and Television Studio as a Permitted Use in the Industrial & Open Space District 2 Brief explanation of the proposed bylaw The proposed amendment would allow for radio and television studios to be located in the Industrial & Open Space District. Currently the use is allowed In the C1-R12, C1-R15, C1-Auto, Allen Road, Swift Street, Commercial 2, and Mixed Commercial-Industrial Districts. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are located within the “Northeast Quadrant” and “Southeast Quadrant” Planning Areas and the “Medium to Higher Intensity, Principally Non-Residential” Future Land Use District. Future Land Use for the Northeast Quadrant is described in part, as follows: “Future Land Use. The pattern of land use and development in the Northeast Quadrant has focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers and ancillary services. It should also continue to emphasize uses that are less critical within the core of the City…” Comprehensive Plan p. 3-22 Future Land Use for the Southeast Quadrant is described in part, as follows: “Non-Residential Land Uses in the SEQ. While predominantly residential, the SEQ district also includes many non-residential land uses. These are found chiefly in the Industrial- Open Space (IO) Zoning District at the northeastern edge of the SEQ, but are also found at the Chittenden Cider Mill on Dorset Street, but throughout the district is a scattering of churches, schools, recreation areas, and home-based businesses. “Industrial-Open Space District. The Industrial-Open Space zoning district was intended originally to provide land for high-quality, large-lot industries and offices whose buildings and operations are consistent with a location in an environmentally healthy and visually sensitive area adjacent to residential neighborhoods. Recently, there have been significant concerns about the suitability of this district for uses such as warehousing that generate significant truck traffic.” Comprehensive Plan, p. 3-33. The Future Land Use District, further, is described as follows: “Medium to Higher Intensity, Principally Non-Residential. Intended to foster high quality jobs, these lands provide for medium to large scale industrial, educational, mechanical and office park environments, among other related uses. Their aesthetics should reflect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for sufficient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multimodal transport 3 services these areas. Development here should be respectful of lower intensity uses where they abut.” Comprehensive Plan p. 3-6. The proposed change is consistent with the above descriptions. The proposed amendments will not affect the provision of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not have a direct impact on any planned community facilities. The City does plan to have additional roadways & bicycle/pedestrian facilities in the area. Safe access from properties by pedestrian to these planned facilities is maintained through requirements for direct, separated pedestrian links from buildings to the street. Page 1 of 2 MEMORANDUM TO: South Burlington City Council FROM: Andrew Bolduc, Esq., South Burlington City Attorney DATE: 11/20/17 RE: Ordinance Codification Project – First Reading of Ordinances and Possible Repeal Background As the next phase of the Ordinance Codification Project, I recommend the repeal of the following ordinances that are either superfluous or have otherwise been superseded by state statute. As far as I am aware, none have been used for many years. Pursuant to the South Burlington Charter, the recommended process for repeal is similar to that of adoption or amendment which is to have a first reading followed by notice of a public hearing and subsequent second reading. In order to allow proper notice, the second reading would be at the currently scheduled December 18, 2017 council meeting. Discussion 1) An Ordinance for the Control of Air Pollution Providing for the Regulation and Control of the Emission into the Open Air of Smoke, Dust, Gases and Odor In general terms, this Ordinance, enacted June 16, 1969, regulates the open burning of yard waste and other rubbish in certain, no longer current, zoning districts of the City. It requires that anyone wishing to install an incinerator first obtain a permit from the Town Manager with a $5.00 application fee. Since this ordinance went into effect in 1969, the State Agency of Natural Resources has adopted the roll of strictly regulating and the burning of solid waste and incinerators. See 10 V.S.A. Chapter 23; 24 V.S.A. §2201. Additionally, the regulation of outside burning generally within the city, was recently incorporated into the Fire Safety and Prevention Ordinance. Recommend repeal. 2) Ordinance to Control the Sanitary Landfill in South Burlington, Vermont Before the creation of solid waste districts, the City Council regulated the sanitary landfill in South Burlington. Now that the Chittenden Solid Waste District maintains the landfill, this ordinance is no longer necessary. Recommend repeal. 3) Ordinance to Prohibit the Depositing of Ice or Snow in Public Streets and Other Public Areas This 1971 ordinance creates a $100.00 civil fine for those who deposit ice or snow on any traveled portion of any public street, sidewalk or within 8 feet of a city fire hydrant. With broader language there is a state statute, 19 V.S.A. § 1105, that regulates the same. The state statute carries a $1,000.00 civil penalty along with the ability to recover the actual costs of removal, repairing damage and a reasonable attorney’s fee. While repealing this ordinance would Page 2 of 2 take away the immediacy of a municipal ticket, public works has informed me the possibility of the severe fines under section 1105 has been a sufficient deterrent. Recommend repeal. 4) Ordinance regulating the depositing of any waste on any land within the Town This September 5, 1967 ordinance creates an up to $100.00 fine for depositing solid waste outside the solitary landfill in the then Town of South Burlington. As with the ice and snow removal ordinance, there is a broader state statute, 24 V.S.A. § 2201 that regulates the same. Unlike 19 V.S.A. § 1105, this statute allows for ticketing by law enforcement or other municipal official of up to $500.00 for each violation, enforceable by the Judicial Bureau. Recommend repeal. Recommendation For the reasons stated above, I recommend the council move to repeal the ordinances upon first reading and cause a second reading and hearing to be warned for the second regular city council meeting in December. MOTION: I move that the council repeal the: • Ordinance for the Control of Air Pollution • Ordinance to Control the Sanitary Landfill in South Burlington • Ordinance to Prohibit the Disposition of Ice and Snow in the Public Streets • Ordinance regarding Solid Waste Dumping/Littering dated September 7, 1967 And cause a short and concise one-paragraph description of the effects to be published in the Other Paper together with notice of a second reading and public hearing to consider the same for final passage at 7:00pm at the second regular city council meeting in December, currently scheduled for December 18, 2017. City of South Burlington, 575 Dorset Street, South Burlington, Vermont 05403 802.846.4107 September 28, 2017 Gene Richards Director of Aviation Burlington International Airport 1200 Airport Drive, Suite 1 South Burlington, VT 05403 Dear Gene: I received your letter dated September 5, 2017 inviting the South Burlington City Council to appoint a representative or representatives to sit on the Technical Advisory Committee (TAC) to help update the BIA Noise Compatibility Program (NCP). I brought this issue to the City Council noting that your letter indicated either a single representative to the TAC or the continuation of service of the four current appointees to the BIA Sound Committee as designated participants on the TAC. The Council has chosen the latter option and so I ask that you include Carmine Sargent, George Maille, Paul Conner and myself on the list of Committee members. I believe you have all of our contact information. That said, this agreement to participate in updating the NCP comes with a very specific and important request; that the BIA staff defer to the City Council of South Burlington on the final provisions of the NCP (and any future grant requests to carry out those provisions) that pertain to impacts on the residents of South Burlington. The City Council has passed various resolutions stating their strong opposition to the purchase and demolition of any additional homes in our Community under the provisions of a future NCP. We appreciate the statements that Mayor Weinberger and you have made about your commitment to terminate the buyout/demolition program at the end of the current NCP. However, in early June the South Burlington Council approved a Memorandum of Understanding (MOU) that would have memorialized this agreement between the two communities to end the home/neighborhood demolition program under any future NCP. I hand delivered that MOU to you asking that you staff it through the Burlington review process so that our community could be assured that our neighborhoods would be protected from City of South Burlington, 575 Dorset Street, South Burlington, Vermont 05403 802.846.4107 Gene Richards September 28, 2017 Page 2 future demolition. Almost four months later this MOU has yet to even be acknowledged by the Mayor or the Burlington City Council let alone receive a thoughtful response. This lack of response gives all appearance that this reasonable and practical request by the elected representatives of our community has been ignored by the City of Burlington calling into question the commitment by Mayor Weinberger and yourself to rule out the future demolition of affordable workforce and family housing in a vital South Burlington neighborhood. The resolution of this issue is quite simple; the BIA staff should defer to the elected bodies of the affected communities of Winooski, Williston and South Burlington as to what provisions and programs will be included in the NCP relating to our communities. Clearly, we would work closely with Airport staff and consultants to ensure that any plan ultimately forwarded to the FAA is consistent with all rules, regulations and precedents. I have discussed the NCP development process with FAA officials and have been assured that the source of recommendations for the NCP is not an issue for them but that the NCP must be submitted by the sponsoring entity. Given that the NCP is designed to mitigate noise impacts beyond the BIA (sponsor) property – in this case within the City of South Burlington, it is only logical and reasonable that the elected representatives of the affected community make the decision as to how those impacts are addressed through the NCP, and then forwarded by BIA staff to the FAA. Gene, this is a very reasonable request and entirely consistent with the needs of the Airport and the FAA. A positive response from you and the Mayor would represent a good faith effort on your part to begin to repair what you yourself have called a “dysfunctional relationship” between our two communities. That said, I would like a response to this request prior to the proposed first meeting of the TAC on October 16, 2017 so that the City of South Burlington representatives as well as those of other affected communities know where we stand on decisions that will exclusively impact our residents. Thank you for considering and responding to this request. Sincerely, Kevin Dorn City Manager CC: Honorable Miro Weinberger Page 1 of 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BURLINGTON AND THE CITY OF BURLINGTON WHEREAS, South Burlington is home to the Burlington International Airport (“Airport”), an important contributor to the local, regional, and statewide economy; and, WHEREAS, in 1990, the Airport prepared its first Federal Aviation Administration (“FAA”) Part 150 Noise Study, and has periodically updated its component Noise Exposure Maps and Noise Compatibility Plans through present day; and, WHEREAS, the FAA’s Noise Exposure Maps include the modeling of weighted day- night average noise levels (“dnl”) for areas surrounding the airport effected by airport noise along with a display of 65+, 70+, and 75+ dnl contour lines; and, WHEREAS, through the FAA’s Noise Compatibility Plan’s home acquisition program, the Airport has acquired residential properties with FAA Airport Improvement Program (AIP) funds since the 1980s; and, WHEREAS, since the start of the FAA’s Noise Compatibility Plan’s voluntary home acquisition program, the City of Burlington has demolished approximately 150 affordable residential homes in the Chamberlin District of South Burlington; and, WHEREAS, updated Noise Exposure Maps were released in late 2015 reflective of then current operations at the Airport, identifying 961 homes within 65+ dnl contours that would be eligible for FAA AIP funds for home acquisition and demolition under the current Noise Compatibility Plan; and, WHEREAS, the 961 homes within the 65+ dnl contours represent a substantial share of “starter” homes and affordable housing in the region; and, WHEREAS, the administrations and legislative bodies in both South Burlington and the City of Burlington have expressed a strong and continued commitment to increasing the supply of affordable and moderately-priced homes in the region through development incentives and housing retention efforts; and, WHEREAS, South Burlington and the City of Burlington recognize the continued need and jointly advocate for affordable housing within the region; and, WHEREAS, the City of Burlington currently has exclusive control over AIP grant applications and participation with the FAA to apply for and accept AIP grants for future home buyouts of these 961 homes, the vast majority of which are located in South Burlington; and, WHEREAS, the City of Burlington has expressed a desire to end future home buyouts and adopt a new Noise Compatibility Plan that includes sound mitigating home insulation techniques in lieu of future home purchases and demolition; Page 2 of 3 NOW THEREFORE, South Burlington and the City of Burlington, for the commitments set forth herein, do hereby state their understanding and intentions to be as follows: 1. The City of South Burlington shall: a. Collaborate with the City of Burlington to come up with and implement an effective plan for airport noise mitigation for residents of South Burlington and neighboring communities. 2. The City of Burlington shall: a. Withhold from applying for or accepting any future grants for home demolition or removal in South Burlington pursuant to the FAA’s 14 CFR Part 150 Noise Compatibility Program. b. To the extent possible, adopt a new Noise Compatibility Plan that does not include the option for home purchase and demolition within the potentially eligible noise contours surrounding the Airport. c. Work in good faith with the City of South Burlington and any other potentially involved communities and organization(s), to come up with alternative noise mitigation solutions other than home demolition or removal in community and residential areas adjacent to the airport that may be affected by airport noise. 3. The City of Burlington and City of South Burlington agree that nothing in this MOU affects homeowners whom have already been identified as eligible for home buyout through an open AIP grant for home acquisition that is open as of the date stated directly above the signatures below. 4. The term of this MOU shall be a ten-year period beginning June 1, 2017, and ending May 31, 2027. 5. South Burlington and the City of Burlington agree that both the City of Burlington and South Burlington shall have the right to terminate this MOU for cause. “Cause” shall mean any substantial change to airport operations such that home acquisition and demolition is the only effective means to mitigate known and identifiable health risks that are the direct result of the substantial change to airport operations. [REMAINDER OF PAGE INTENTIALLY BLANK; SIGNATURE PAGE TO FOLLOW] Page 3 of 3 DATED this _____ day of __________ 2017. CITY OF SOUTH BURLINGTON ________________________________ Duly Authorized CITY OF BURLINGTON ________________________________ Duly Authorized